Mahendra Singh Gurjar Son Of Late ... vs Rajasthan Tourism Development ...
2022 Latest Caselaw 7665 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              S.B. Civil Writ Petition No. 18003/2022

Mahendra Singh Gurjar and Ors.
                                                                  ----Petitioners
                                   Versus
Rajasthan Tourism Development Corporation and Anr.
                                                                ----Respondents

For Petitioner(s) : Mr. Sandeep Bhagwati

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Order

06/12/2022 Learned counsel for the petitioners submits that alleging that

they came to be fixed erroneously in the higher pay scale, vide

order impugned dated 15.11.2022, recovery has been ordered

against them. Relying upon a judgment of Hon'ble Apex Court of

India in case of State of Punjab and Ors. vs. Rafiq Masih

(White Washer) and Ors.: (2015) 4 SCC 334, learned counsel

submits that the order of recovery is bad in law as payment of

higher pay scale, even if any, was not on account of any fraud or

misrepresentation on their part.

Issue notice of writ petition as well as of stay application

confined to the respondent no.1. Rule is made returnable by five

weeks. Notices be filed in two sets. One set of notices be sent

through registered post with acknowledgment due. Steps to be

taken within a week.

Heard learned counsel on interim relief.

Taking into consideration the contentions advanced by him

and the material on record, this Court deems it just and proper to

(2 of 2) [CW-18003/2022]

stay the operation of the order dated 15.11.2022 to the extent of

recovery, till further orders.

(MAHENDAR KUMAR GOYAL),J

MADAN/133

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